Morton Salt Co.
Labor Arbitration
125 Lab. Arb. Rep. 346 (2008)
- Written by Miller Jozwiak, JD
Facts
A member of the United Steelworkers, Local 12606 (union) (plaintiff) was an employee of the Morton Salt Company (Morton) (defendant). The employee was arrested for possession of marijuana with intent to sell. Morton had a code of conduct that prohibited all drug use that would affect the workplace. The employee’s manager learned of the employee’s arrest and was concerned that the employee was selling marijuana to other Morton employees. The employee signed an agreement that required random drug testing while the criminal charges were pending. Morton claimed that this was not a binding contract. But the employee thought that if he complied with the terms of the agreement and was not sentenced to jail time, he could continue working for Morton. The employee continued to work for Morton without failing any drug tests. The employee then pleaded guilty to the charges and received only a sentence of probation. Even so, Morton terminated the employee. A grievance followed, and Morton and the union disputed whether the termination was for just case.
Rule of Law
Issue
Holding and Reasoning (Fitzsimmons, Arbitrator)
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